BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1224
                                                                  Page  1

          Date of Hearing:   April 27, 2009

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                   Mike Eng, Chair
                     AB 1224 (Eng) - As Amended:  April 14, 2009
           
          SUBJECT  :  Vehicles: hit and run violations: animals 

           SUMMARY  :  Requires a driver involved in an accident resulting in  
          an injury to a dog, a cat, or livestock to immediately stop the  
          vehicle at the nearest location that will not jeopardize safety  
          and comply with specific notification requirements.   
          Specifically,  this bill  :  

          1)Requires a driver involved in an accident resulting in an  
            injury to a dog, a cat, or livestock to immediately stop the  
            vehicle at the nearest location that will not impede traffic  
            or otherwise jeopardize the safety of other motorists and do  
            the following:  

             a)   Immediately notify a local agency or animal control of  
               the city wherein the collision occurred or the California  
               Highway Patrol, if the collision occurred in unincorporated  
               territory; and,  

             b)   Notify the animal owner or person in charge and provide  
               the name and address of the driver and owner of the vehicle  
               involved and upon being requested, provide driver's license  
               and vehicle registration information.  

          2)Provides that if a parked vehicle becomes a runaway vehicle  
            and is involved in an accident resulting in injury to a dog, a  
            cat, or livestock, the vehicle owner or driver is required to  
            comply with the above mentioned provisions.  

          3)Provides that a violation of the above mentioned provisions is  
            punishable by a fine of not more than one hundred dollars  
            ($100) for a first offense and by a fine of not less than  
            fifty dollars ($50) nor more than two hundred dollars ($200)  
            for a second and each subsequent offense.  

           EXISTING LAW:   

          1)Requires the driver of any vehicle involved in an accident  
            resulting only in damage to any property, including vehicles  








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            to immediately stop the vehicle at the nearest location that  
            will not impede traffic or otherwise jeopardize the safety of  
            other motorists.  Specifies that moving the vehicle will not  
            affect the question of fault.  

          2)Requires a person to locate and notify the owner or person in  
            charge of the damaged property and provide the name and  
            address of the driver and owner of the vehicle involved and  
            present his or her driver's license and vehicle registration  
            to the other driver, property owner, or person in charge of  
            that property.  

          3)Requires a person to leave in a conspicuous place on the  
            vehicle or other property damaged, a written notice giving the  
            name and address of the driver and of the owner of the vehicle  
            involved, a statement of the circumstances, and notify the  
            police department where the incident occurred or the  
            California Highway Patrol, if the collision occurred in  
            unincorporated territory.  

          4)Provides that any person failing to comply with all the  
            requirements of these provisions is guilty of a misdemeanor  
            and, upon conviction will be punished by imprisonment in the  
            county jail not exceeding six months, or by a fine not  
            exceeding one thousand dollars ($1,000) or by both that  
            imprisonment and fine.  

          5)Requires a driver to render to any person injured in the  
            accident reasonable assistance, including transporting or  
            making arrangements for transporting an injured person to a  
            hospital for medical or surgical treatment if needed.  

          6)Provides that the penalty for fleeing the scene of an accident  
            resulting in injury is either a felony or misdemeanor,  
            punishable by 16 months, two or three years in state prison or  
            up to one year in the county jail and/or a fine between $1,000  
            and $10,000.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  According to the author, this bill seeks to "address  
          an area of law that is not well pronounced or clear, as it  
          relates to specific guidelines that a driver must abide by in  
          the event that there is a collision with an animal."  









                                                                  AB 1224
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          Under existing law, the driver of any vehicle involved in an  
          accident resulting only in damage to any property is to  
          immediately stop the vehicle at the nearest location that will  
          not impede traffic or otherwise jeopardize the safety of other  
          motorists and proceed to locate and notify the owner or person  
          in charge of that property.  

          If the owner is not present, the driver must leave in a  
          conspicuous place on the damaged property, a written notice  
          giving the name and address of the driver and of the owner of  
          the vehicle involved and a statement of the circumstances  
          thereof.  In both instances, the driver is also required to  
          notify the police department of the city wherein the collision  
          occurred without delay.  

          The author states that current law "provisions do not make its  
          applicability specific to dogs, cats or livestock, thus there  
          have been instances where local law enforcement has not applied  
          current provisions to the injury of animals, as was witnessed in  
          a recent local case."  That incident prompted a constituent of  
          the author to introduce this proposal, eventually becoming the  
          author's winner of "there outta be a law contest."  The  
          constituent points out that after informing police of a hit and  
          run incident involving a dog and providing the license plate  
          number of the vehicle was told nothing could be done.  

          Currently, New York state law contains a separate subsection  
          related to driver reporting guidelines involving collisions that  
          lead to damaged property and one related to the injury of  
          animals.  In addition to making a distinction between property  
          and animals, a different fine structure also exist under each  
          section.  

          This bill attempts to mirror New York state law by providing for  
          a separate subsection and fine structure related to the injury  
          to animals and to the damage of property while driving.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          United Animal Nations 

           Opposition 
           








                                                                  AB 1224
                                                                  Page  4

          None on file
           

          Analysis Prepared by  :   Alejandro Esparza / TRANS. / (916)  
          319-2093